Moving with the Children

There are rules about moving with or without your children. The Family Law Act says you must give written notice about plans to “relocate” (move away). Relocation means a change in residence that will have a big impact on the children’s relationship with you or another significant person in the child’s life, such as a grandparent.

You must give 60 days’ written notice to the other guardians and any people who have “contact” with the children if you plan to move. The notice must contain the date of the proposed move and the name of the city or area (in or outside of Canada) of the intended new residence. You have to do this if you are moving with the children or without them.

A court may allow someone not to give notice if there is a risk of family violence or if there is no ongoing relationship between the children and the person who is entitled to get notice.

Although notice is given to guardians and others who have contact with a child, only guardians can ask the court to prevent a move. If another guardian does not agree to the move, he or she must file an objection with the court within 30 days.

For information about what documents a parent needs to take a child out of Canada, see this page of Family Law in BC website.

For more about the process of notifying someone regarding a relocation, see this page of the Family Law in BC website.

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